happy thanksgiving to them and to all the military families. today's top headlines and the stories that you will see carefirst. bill: two boys plucked from very scary ocean waters. we will show you how they stayed alive until help arrives. and a woman on trial after plotting with her brother and son to kill her estranged husband. so she could catch on in the life insurance. now she might actually take the stand. all of these stories and more are happening right now.

♪ ♪ ♪ jon: good morning, it's nice to have you back on a monday. jenna: hello, everyone, i am jenna lee. we are even more troubled with the rollout of obamacare. now, our national correspondent investigates how it is going to be fixed. where do we go from here on obamacare? reporter: website enrollment deadline has been pushed back. but republicans say what we really need to do is to go back and start all over again. now, president obama is doing fund-raising events on the west coast. he said that he misled the people on obamacare and that the program will not work.

and we hear that he is ready to go back to the drawing board. >> i do not believe you can fix this while if no other costs for access. we must get bipartisan consensus that lower premium. and we have many ideas on this. reporter: the president says that two important promises were broken. but the cost would be lowered and you could keep your health insurance. and neither turned out to be true. jenna: what about the fresh start for a plan that the president is pushing for? reporter: they are urging patience for planet work in the long run. and that they hope that the american people realize that. they are giving them a chance to sign up.

>> access has been a failure at this point in time and it needs to be there. at that point in time, the substance of obamacare is yet to be tested. to the extent it has come it has been a success. >> the president has pushed back the enrollment deadline by this weekend. and a white house spokesman said last night that the administration is working closely with the insurance industry and insurance commissioners in the state to make sure that that will happen. jenna: focusing on two states today, california and indiana. steve, thank you. >> you back. >> until there is new concern over how obamacare will affect folks getting insurance from their employers. "the wall street journal" reports that companies are passing more insurance costs onto their workers. under the law, companies must provide health care if they have more than 50 full-time employees and with more employees enrolling, it is driving up the

cost. "the washington post" also raising questions over how the irs will be able to enforce all of these new rules that have been thrust upon us. here is a.b. stoddard, an editor of "the hill": this line in "the wall street journal" caught our eye and i want to read it for our viewers. many employers are betting that the affordable care act requirement that all americans have health insurance starting in 2014 will bring more people into their plans that have previously opted out. that along with other rising expenses is prompting companies to raise workers premium contributions and steer them towards high deductible plans and charge them more to cover family members. these are people who have insurance right now, and the costs are going up despite what the president says.

i see you got a little cough they are. >> sorry about that. there are a couple of pressures on employers. they have to cover more people and they are finding that the plans in compliance with obamacare are more eccentric with a higher out-of-pocket costs and deductibles. so they are not only toying with how they are actually going to pay this. it might be new for people who opt out, and if they are healthier and younger, but how many if they have 50 or more can they actually cover the work 31 more hours a week. how many can they cover and how much will they provide. and so this is due to the recession and profit margins being down, obviously those that they cover, they were passing the costs onto them through lower wages. so it's not at this point, it's not a definite bonus that we are going to see people joining in the ranks of the corporate

ensured that were there before. people might not want to be dumped into the exchanges and they might not like the packages that they get and they might not find out that they've gone off the rolls until it is too late. jon: you hear the president, he is fond of bragging the affordable care act is spending the cost curve down and we hear that all the time. but the people who have insurance are seeing their playlist club, they will not be happy with what the president has been working on. >> that's right, we should be happy that the cost is now covered. [laughter] but when obama says they were going to ban this down, they are talking about long-term deficits and debt and so far there's very little to no evidence that that was actually true and based upon a cbo projection, it's not

exactly great. and the cost that most americans actually care about more is the cost themselves, how much they will accept the paper their health care. some will do better in some of the words and some of these employer provided plans will now require workers to cover more of the up front costs than they did before. it kind of depends on the situation, but what it doesn't do is reassure people that you can keep your plan if you like your current plan and the whole point of the affordable care act was to make people feel more secure in their health care and instead what has happened is that more people feel unstable and they feel that the world is more unpredictable with what the future holds, that it is much more unclear and contrary to a larger political point. >> an issue that really hasn't gotten a lot of attention yet is

the irs is supposed to enforce the penalties for obamacare. yet all of this is being thrust upon an agency of government that is probably among the least favorite of all americans. >> the least favorite in a state of disarray. about the irs scrutinizing groups more than other groups, and since then, a lot of turnover and a lot of sheer mayhem with huge change coming to the organization doing the things that they've never had to do and it certainly is a challenge. so you'd think that they would keep their eye on what the new functions will be. we hear that they don't have the function down when they try to discern who will receive subsidies and who is complying and who is not compliant and they don't plan to pay the

insurance companies and they are not really sure that they can penalize people who don't buy into obamacare and that is the concern. the young and healthy, the website is terrible, the anecdotal choice of these are terrible. and they might not even be penalized at all because they might not be able to figure it out. >> with all of these problems he said the white house is running out of talking points? >> yes, that is one of the calamitous things since the thing went live. almost none of their talking points have a very long shelf life and when they announced that the website will be working on november 30, that was basically a hail mary pass. no tech expert in the country could have promised that the website would work by november november 30 at a party kind of backpedaled from that, but it bought them some time and it's the same thing when they talked

about how it's only the 5% of the population. they know that's not true. the cbo said that's not true in the administration said that's not true. but they needed to say something to buy themselves a little bit of time and to head off the democratic stampede on capitol hill and what they can say about this thing that are promises that they can be sure will last more than a couple of months, that is a scary place to be because it makes it seem all the more flip-flop-ish. jon: we still have five days until november 30, so we will see what can get done. jenna: a tentative agreement with iran. its closest ally is condemning it as a historic mistake. benjamin netanyahu is called yesterday to discuss the shared goals and we have the latest from that point of view with

legal inventor. >> yes, 24 hours ago, it looked like the u.s. and israeli relationship had the potential to go up in flames. today it has been talked about with prime minister benjamin netanyahu. throwing gasoline on the bonfire. we are learning right now that there will be an israeli team to discuss what a final agreement between iran and the rest of the world in what israel would be happy with in the complete end of the iranian nuclear program, no enrichment and no uranium there inside of a run for the united states. it seems to be okay with them not having a nuclear weapon and that includes two vastly different world views and the prime minister was incredibly blunt about how he felt about this temporary deal. >> last night was not a historic agreement. it was a historic mistake.

and we cannot and we will not allow a regime that calls for the destruction of israel to obtain the means to achieve this goal. >> it's a very thin thinly veiled threat. although it appears to be the outside of the envelope, also diplomatically very difficult with increasingly isolated on the iranian issue. not a lot of support inside washington for a strike. a number of commentators here and they are criticizing what he has said, not so much what but how he has said it in terms of the large public venues of criticizing united states. one commentator said that he failed on two levels come he got a bad deal with iran and now has a big problem with the united states. jenna: that's something we'll talk a lot more today and in the days to come as well. we thank you.

jon: a fox news alert and they scare going on i'd yale university in new haven, connecticut. yale university has sent out a text message saying to shelter in place and it's a confirmed report of a person with a gun on or near campus. earlier we got a report that a phone call had come in saying that there was a person with a gun on campus. however, the person who made that call was anonymous, whether the confirmation we are talking about is simply a confirmation that it came in, we don't know at this time. we don't know whether they have observed this person on the campus of your university, we don't know that either. but students are being told to take shelter in place and we will get you more information as it comes to us. also information on a bullying case that has shocked the nation. this girl committed suicide after months of harassment. now her mother wants to hold the

parents of two other girls responsible for the actions of their daughters even though the criminal case didn't go anywhere. and a climber finds himself in grave danger after breaking his leg on a snowy peak. how he managed to survive. we have that story coming up.

jon: right now, international headlines that we are keeping an eye upon. lava and ash spewing from a volcano in indonesia. triggering a high alert level, 16,000 people have been forced to leave around the volcano. an incredible story of survival. a climber breaks his leg and find themselves stranded on a snowy peak. he tied his legs together with

shoelaces and dragged himself to a safe place where two other climbers found him. and right now, an oil pipeline exploded, killing at least 55 people, injuring more than 100 and nine of them are still missing. jenna: the trouble may not be over for the families of two florida teenagers. the girls were accused of bullying a classmate and driving her to suicide. they are talking about holding the parents responsible. so what is the latest chapter? >> this may go beyond the two accused teenagers and those who are accused of bullying rebecca sedgwick to death. she also said none of those families have yet to show any

remorse. >> i keep waiting for an apology that i know will never come. the last of personal responsibility is just upsetting. >> she also plans to pursue a law called rebecca's law. jenna: they may face legal action as well? >> that is possible. right now, no apologies have been made with the way he has handled the case. he's been very aggressive in public and taken some criticism from the attorney for being too public in the case and he could come under lawsuit, but there's no legal action yet. we could also see this against the directory from where she had jumped her to her death and where she was bullied baxter. jenna: we will continue to look at this case raising questions

about parental responsibility. our legal panel will weigh in later on in the program. jon: a fox news alert. no confirmed answers from yale university, they are sending out and this is a look at their webpage, telling students to remain in place, shelter in place, this is not a drill, they say. a confirmed report of a person with a gun on or near the old campus. reports that the new haven s.w.a.t. team is on the campus and we have not confirmed that as of yet either. obviously a big scare on this monday morning at yale university. when we get more information about this report of a person with a gun, we will bring it to you. also, the coast guard swooping and after a ship goes down. we will tell you how these two boys managed to survive nearly an hour in rough waters.

in one state telling a president to stay out of enrollment plans for obamacare, saying that they are doing just fine without white house interference. that is coming up. ♪

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jon: two teenagers are recovering after spending nearly an hour in frigid waters off the coast of north carolina. the two boys were able to cling to a navigation marker waiting for search and rescue teams to pull them to safety. this after their vote started taking on water and a helicopter was called and after the coast guard failed to reach them. hosting the boys into the chopper and they were airlifted.

we don't have any word yet on their conditions. jenna: the obamacare rollout continues to make headway more than 1 million people facing cancellation from their current plans according to the insurance commissioner, making it one of the highest number of potential cancellations in the united states. nearly 80,000 people have signed up for new plan so far and hundreds of thousands more have completed applications and have yet to commit to one point or another. those in charge of california's insurance exchange have rejected the president's plan to extend the enrollment deadlines and allow the canceled plans to be on canceled. we have the executive director of covered california and we checked earlier and we don't think that we are related although we share a last name. [laughter] >> it is greatly with great to be with your. >> okay, let me start with what

the president said. you can keep your plan, now we will try to encourage interns to on canceled him. why did you decide that that's not the way to go? >> well, what the president said let's do what's right for your state and in california, what's right for us is to communicate clearly about the benefits that are concrete and big and enroll millions of people in appropriate care and that's the right thing for us to do. and one of the things we did was extend enrollment. until december 23 come you can sign up and pay until january 5 and we want to make sure that everyone knows they have a clear window to get covered and they will be able to do that now and they have another month to go and the people will understand that they have new health plans and benefits that they will be able to get. >> is the momentum enough to

pick up those 900 plus people that have had their insurance plans canceled by the estimates of the state commissions? >> yes, we are optimistic that the 900,000 people have already done three notices. they will get a joint notice of the planet airwaves to tell them that you can pick any plan, not just the one you're with, there's a range of benefits, and about a third will benefit from subsidies. we did not want to continue on the confusion around termination and let's focus on the prize, starting the affordable care act on january 1 and keep the momentum going, which here in california is going well. jenna: how's that working for young people? >> in the month of october, 23% of the people that signed up for between 18 years old and 24 years old compared to 21% of the population. that population is called a good

risk pool and we won't have everyone and in so far we have seen a really good mix of people signing up speakers so in the next six weeks, what is successful? we are seeing all these numbers from different states. but in a state of california, what would be a success? is a million plus people that are enrolled? is that what this is for california? and if so, how do you get there? >> we have looked at our success marker at the end of open enrollment which is four months out. between now and december 23, we want every californian to sign up for their coverage. this is not just california but nationwide. they are running a risk in january of having an event where they are at the hospital and they rack up $400,000 in debt

and that the penalty we don't want anyone to pay. we are spending a lot of effort working with schools and churches in every community in the state saying let's avoid the political rick rack and focus on getting insurance. that is what we are seeing, 10,000 people a day in california signing up for that. >> signing up for not confirming to the plan. is that where the discrepancy is? as a watchdog group that says maybe 500 plans are getting canceled and will get much higher premiums. it's an expensive state to live in. so we have been with the opening moment for two months, 80,000 people are confined. but that number -- >> are they actually confirmed and enrolled? >> absolutely. there are 135,000 have signed up for medigap. the coverage will start on january 1. 220,000 and we know the coverage will be live on january 1.

point well taken but you have other folks on the plan. only 80,000 confirmed for the private plan. so how realistic is it that you will think you even close to a million people to get back into the market, more than half will see higher prices. >> we are very confident and most americans are not really good at layaway shopping. they waited for wait until the last minute. they have a lot of opportunity i covered california.com. also today, we have thousands of certified individuals and we think most people would want to talk to someone about it. here in california they can do that with thousands of people across the state. and that will take it to get

insured speech it's very interesting that you point this out. it is not an easy business. we look forward to checking back in with you. but we really appreciate the time today. smack my pleasure and thank you. jon: more information about the report of a gunman. the good news is that thanksgiving break hasr many of the yale students. to the campus will not be particularly crowded. but they are following a person of interest on high street, reportedly an elderly man in a heavy overcoat. in weather like this, it's icing on the east coast and everyone will be wearing overcoats, whether that is part of what is going on here, we just don't know. but they have scrambled the s.w.a.t. team and a couple of ambulances and that this report sounds like only a precaution.

yale university is taking this threat very seriously in the first came in as an anonymous call from a payphone about an hour and 15 minutes ago and we will get you more information as it develops. "happening now" will be right back

jenna: a quick look what's still to come. carjacker was no match for this florida kid. an incident sent a thief run. also a las vegas woman accused of trying to kill her husband.

she may tell her side of the story in court. a kansas farm whoer makes parity videos out with a hit. how does he farm and film? big question today. jon: and extreme weather alert now. a deadly storm slams the south, making its way east just in time for thanksgiving. texas and oklahoma hit hard today. the storm bringing heavy rain and several feet of snow to some areas. eight people reportedly killed so far. hundreds of flights are cancelled in dallas alone. as millions of americans prepare for the biggest travel day of the year, our meteorologist is in the fox weather center tracking this morning. this looks like a bad one. >> it does look like a bad one and really, the other big issue is the timing. just horrible timing here with this storm system with so many people travelling on one of the busiest travel weeks of the year. now, the storm system really didn't impact dallas that badly. early this morning we had areas of rain rolling through. we were expecting freezing rain.

the temperature managed to stay just above the freezing mark so dallas itself really escaped some of the worst conditions we were expecting but other areas across western oklahoma, more than eight inches of snow and of course, across parts of nevada, significant snowfall across the area and also the four corners. now the storm on the move and it is producing right now some sleet and also some areas of freezing rain across northern sections of arkansas. we do have winter weather advisories in effect and also a winter storm warning across western parts of the state. that's what we're looking at some of the more significant icing accumulations. storm heads east. by tomorrow the worst conditions across the southeast with wind, a lot have heavy rain, the higher he will vagus of the appalachians expecting snow and icing as well and i want to show you this. by wednesday we'll see significant impacts along the i-95 corridor with strong winds, heavy rain, inland areas could see more than six inches of snow and then the storm leaves like thanksgiving day so it will be a lot quieter for thanksgiving but before that, getting out of town

to see grandma, grandpa, it will be a tough one. jon: and all the moisture we have in the northeast, that leads to trouble. keep an eye on it. thanks. >> thank you. jenna: the white house in defense mode again over foreign policy concerns after a framework deal with iran was announced over the weekend. lawmakers on both sides of the aisle are calling for stronger sanctions against tehran. israel is panning the plan and critics like our next guest cite some unintended consequences. "new york times" today, the quote is this. the administration is now a little bit hostage to iran's behavior going toward. iran's bad behavior, whether it's the revolutionary guard in syria or the ayatollah's vicious speeches about israel is going to be linked to the deal. the person who said that is l.a. abrams, a former deputy national security adviser for the mideast for president george w. bush. >> good to see you. jenna: a little hostage. why do you think we're that way

now? >> the newest hostage is barack obama. if the iranians cheat as they've been cheating for the last 10 years, if they break the agreement or if they do these other things in syria, if they engage in the kind of vicious verbal attacks on israel and the united states, the person who is left looking bad is barack obama. he's the person who wanted this deal most of all. jenna: is that because by making some sort of deal for the next six months, we're saying that we support iran? why would we shoulder the blame for what iran does in syria or what she say about israel now? isn't this just an issue between the two of us? >> well, the president really wanted this deal. he's wanted it since 2009. he's wanted to engage with iran and i think we're looking at more than a six month deal here. administration wants to end this confrontation we've had with iran since 1979. that's what really worries the saudis, what worries the israelis and others in the region. is this a corner being turned

where the united states is now going to try to change our whole relationship with iran? they've counted on us to defend them from iran and now maybe we're not going to be doing that. jenna: take this down to a more basic level, if you will. it's easy to get caught up, rightfully so, in some complexity of foreign policy but how does this tentative agreement impact the safety and security of average american families? >> well, what we've done here is to say the 10 years of cheating under which they built up a nuclear program, basically you're okay. they're going to have a nuclear program. secretary kerry says no, no, they don't have a right to anything but they've got this nuclear program. we're a degree to go that and now we're talking about the little details about which place will be allowed how many centrifuges. they're going to have a nuclear program and for the average american, we have to be on guard now permanently. every day watching that program to try to prevent them from turning it into a nuclear

weapon. jenna: we're also hearing from critics that everything is reversible. that we have this deal today but tomorrow we may not. what do you think the chances are that this is not lasting, that instead of saying this is what it looks like for the next several years to come, something breaks us up, something changes it? what would that change be? >> the change would be the failure to turn this into a permanent deal or iran caught cheating on this deal and then maybe the deal goes away and we have to confront the fact once again they're trying to build a nuclear weapon, which i think they still have. that's the real problem here. this is not a peaceful energy program. they want a nuclear weapon. and this deal really does not turn them away from that. the lesson they'll learn from this is that decade of lying and cheating paid off for them. jenna: and a key part of the deal is that the u.n. watchdog inspecting agency, the iaea is not allowed to do the inspections they want to do to ensure that iran is following

the plan. that's just one part of the deal. so many different sides to look at. it's great to have you. >> great to be back. happy thanks giving. >> you, too. jon: a las vegas woman is charged with plotting to kill her estranged husband. now the defense gets to present its case and amy could take the stand. our legal panel debates whether that's a good strategy coming up.

jon: a las vegas woman accused of plotting to kill her estranged husband could take the stand as soon as today. it was just a year ago that robert bessey was driving to work on a desolate stretch of highway 15 early in the morning when a gold s.u.v. pulled up next to him and somebody inside opened fire. he was hit in the neck but he

survived. now prosecutors say his estranged wife, her son and her brother, an ex-convict, planned to kill the husband before the divorce to catch in on a quarter million dollar life insurance policy. talk about it today with our legal panel. both are criminal defense attorneys. amy is charged here along with her son michael and her brother richard. her defense time fought to get them tried separately from her. why? >> they had to because in order for amy to even think about being acquitted of these charges, she has to throw her son and her brother right under the bus and say, look. i had nothing to do with this plot. they were just trying to protect me. they did it. i had nothing to do with it. go ahead and convict them but i'm innocent. that's the only way she gets off and frankly, that's such a long

shot that it's fairly worth it. jon: is that a strategy she has to employ to her brother and son? >> we do this for a living. we know what it takes. in this case, she doesn't have much to go on. that gold s.u.v. that pulls up and shot her husband in the back of the head is being driven and operated by the brother and -- it was crazy. she has her brother and her son involved in this plot and the prosecution has some text messages from her right after the alleged shooting that have her saying i'm happy with a plan comes together, quite unquote. this is very difficult for the defense to overcome here. very difficult. jon: it should be pointed out that michael was the adopted son of robert, the intended victim. there was no blood relationship with them. just the sounds of this thing, i mean, you know, it happens on a deserted stretch of interstate in the predawn darkness. that sounds like a contract hit.

this isn't some case of road rage or something like that. >> absolutely. there would barely be anybody on the road at that time unless you were looking to shoot somebody in the head while driving plus let's not forget that this poor victim was worth way more to amy bessey dead than alive. the next day when their divorce was going to be final, she would not have been the beneficiary of a quarter of a million dollar life insurance policy. she's got motive. she's got incentive. she has opportunity and she has two thug family members willing to do her dirty work. i say case closed. jon: let's take you through a story we told you about earlier. a florida mother is vowing to change the laws to try to combat bullying in that state. she's talking of a possible lawsuit against the parents of two girls who were once offic l officially accused by the sheriff of bullying her daughter before the daughter committed suicide. there's a look at the victim. but the mother has vowed to go

after the parents of the girls she say drove her daughter to suicide. rebecca, does she have a possible case here? >> in this case, i think the laws should be changed and should be clearly, clearly criminal maifr when two young chirls who are on facebook for months are harassing a young girl who then throws herself off a building. you know i'm very friendly with the attorney general of florida, pam bondi. we've talked personally about this case. it is an outrage. is there anything penalty? can there be? i hope so.i truly do, jon. i cannot imagine a 12-year-old girl throwing herself off a building because she's told she's ugly. that is just awful. jon: grady judd, the polk county sheriff brought criminal charges but those had to be dismissed.

apparently the law doesn't cover a case like this. he trotted out the facebook postings where one of these girls that he accused said yes, i know i've bullied rebecca and she killed herself but i don't care. now, the girl says her facebook account was hacked. is this a case where the law doesn't -- you know, the law hasn't kept up with technology? >> that's right. and i think this heathen of a teen is full of baloney when the facebook page was hacked. the law has not caught up with technology and the times. we don't really have any laws against, quote, unquote, cyberbullying. we have cyber stalking, harassment, those laws that we try to pigeon hole into criminally but we don't have anything that perfectly fits. the laws need to change. and that's what i think the sedwick family is trying to do here by filing the civil suit. jon: trying to push the state into changing its law. the case has raised all kinds of

headlines. thank you both. >> thank you, jon. jenna: a carjacker gets more than he bargained for. what sent him running from the vehicle he was trying to take. and he worked by day and creates youtube hits by night and he joins us next.

♪ there's a sound that no one knows what does the farmer say? work, work, work, work what does the farmer say? ♪ jon: you have to wake up pretty early in the morning to top this farmer. our next guest works all day on his farm but still finds time to

put together some hysterical parity videos. he is the farmer who creates and stars in videos like "what does the farmer say." that's a parity of one of the stranger true hits, what does the fox say. you saw that video, derek and were prompted to make your own answer to it? >> yeah. yeah. i actually enjoy that video. i've heard a lot of complaints by parents it's annoying but i like it. jon: i'm with you on the -- or i'm with the parent that calls it annoying but anyway, you are out there making videos, showing folks what goes into a farmer's life. i know my uncle ken farmed for years in nebraska so i know something about that life but you're trying to share with folks, it's not easy out there in peabody, kansas, huh? >> yeah. and i just enjoy making videos

also. i want people to see what's going on out here. jon: you had a million views at last count on youtube already and you put this together in a little over two weeks? >> yeah. yeah. i didn't sleep much because it was fun and it was an adrenaline rush so i worked at it pretty hard. rick: we have it up right now. your kids are involved as well. what do they think of this as well? do they know that daddy is famous? >> no. they have no idea. jon: and you also pressed your brother into service, i understand. >> yeah. yeah. my brother, he's a pastor at a menonite church in nebraska. he likes having fun. we put white stuff all over his legs and he danced for me. jon: nice. i'm sure that you'll have a few more viewers after they see this segment. "what does the farmer say" is

pretty hilarious and a good creative outlet for a guy that works hard each and every day. thank you for joining us today. >> thank you. jenna: more on the top story today. iran finally agree to go make some limited changes. that's next.

jon: a fox news alert and a scare and a misty still underway on the campus of yale university, new haven, connecticut. students about an hour and 45 minutes ago received a bulletin asking them all to shelter in place, stay where they are. the university says this is not a test. all because of a report, unconfirmed at first, of a gunman on campus but the swat team has responded there in force. campus police are not saying anything. we are making every call we can to try to find out exactly what is going on and whether or not somebody has been apprehended. at first they thought they had a description of a person of interest. so far, no resolution.

the s.w.a.t. team still in place at yale university, the old campus. a report of a gunman on campus. good news, as i mentioned earlier, is that the thanksgiving break has already begun for many yale students so there aren't as many on campus as there might otherwise be. if we get more information and a resolution to this, we'll bring it to you. jenna: are the american people losing trust in their president? we'll look at new polls and how the president potentially broken promise on health care and the new agreement with iran could be hurting him in the long run. forget about four wheel drive. s.u.v. goes flying off the highway. amazing video how this all ends. and sugary drinks linked to obesity and heart disease and now we'll tell you about a new study revealing an increased risk for common form of cancer. it's all "happening now."

grim milestone for the president as he takes a hit. hope you're off to a good monday. great to see you. jon: welcome to the second hour of "happening now." for the first time since he took office, a majority of americans say they believe president obama is untrustworthy. here is that new poll from cnn and orc that suggests 53% of americans do not find the president honest or trustworthy. a place where no politician wants to be. so what does it mean for his second term agenda? he has three years or more in office left. joining us is bret baier. that trustworthiness measure is key for any politician, isn't it? >> it is and that matches some other recent polls. our fox news poll, most recent poll asked a number of questions that dealt with trustworthiness,

honsty when it came to health care particular. 55% believe that the obama administration was trying to deceive when it came to the health care law and some 50% said that the president knowingly lied when he said you could keep your health care plan period but this new poll from cnn, orc also had something really interesting and that is only four in 10 americans believe that the president can manage the federal government effectively. that as opposed -- in addition to the trustworthiness number is really a big problem for the president and the numbers. jon: also 53% of americans do not believe this president is a strong and decisive leader. it raises all kinds of questions about this new nuclear deal with iran, something that the president has been after since he was a candidate for public

office. >> sure. and when he started to see these numbers slide and there are a lot of people in washington who watch these numbers very clo closely, this is a precipitous drop, about 12 points in the number of categories pretty quickly. this poll today, 56% say he's not a person she admire. equal number say they don't agree with him on important issues. 56% say he does not inspire confidence. 53% don't view him as you mentioned as a strong, decisive leader. all of those things don't bode well for this administration, for this president at this time. both domestically and as you mentioned, on a foreign policy front in the wake of this iran deal, that is already getting a lot of criticism not only from the israelis but also on capitol hill from democrats and republicans. jon: seven in 10 say he's likable and that brings to mind the quote when he was still campaigning for the nomination

against hillary clinton and he essentially put her down with -- by saying you're likable enough. seven no 10 say they like the president but clearly he has, you know, trouble when it comes to his leadership and whether he's even up to the job. >> and his job approval ratings, if you look at almost every poll, have slipped to around 40 some, as low as 37%. that is dangerous territory for a president in his second term that's trying to get who he's trying to get, some other big ticket items across the finish line. he's out west for a number of fundraisers but also talking immigration reform today. to be able to make that heavy lift up on capitol hill would take some serious, serious push and he doesn't have a lot of that push ability, according to lawmakers up there who even support him in his own party. jon: they're going to go home for the holidays and hearing

from constituents who are seeing their health insurance plans cancelled and so forth, a lot of unhappy people and that's going to translate into the new legislative session that starts in january. >> sure. and you'll see, i think, at the end of this month when the website is not fully operational as it's not expected to be and as you see more of these anecdotal stories around the country of the five million people who have received the cancellation letters and who are having trouble getting their insurance back or the sticker shock around the country, i think you'll see more democrats speaking out about the president and speaking out loudly about the problems with obamacare. it's not a story that's going away and the more it's talked about, the more these poll numbers are probably going to reflect what we're seeing today. jon: the worst numbers of his terms and they could go lower as you point out. thank you, bret. see you tonight on special

report. jenna: the house oversight and government reform committee is hoetding a meeting in georgia where people directly impacted by a law are speaking out about the defects and the family as well. carl is live with more on this part of the story. >> this is actually the second hearing they held. first was in north carolina last friday. today on this monday, lawmakers are in georgia hearing about the consequences of the botched rollout and the policy consolations as well. >> thousand californians, 130,000 kentuckyans and nearly 400,000 georgians have received cancellation notices. that's nearly two million americans who have already been affected by obamacare's unnecessary mandates. >> that's the only four states. it's nearly three times that, closing in on five million to six million people insurance.

lawmakers are focused on rural areas today. in north carolina they realized that 493,000 lost their insurance in that state. hospitals in the heartland are closing fast, too. >> the barriers to acceptable health care are great but as a result of obamacare, they're now devastating. in georgia three rural hospitals have shut down this year and some estimates indicate that 15 more may be closing their doors in the coming months. >> you heard bret talk about the toll on democrats. some have begun warning their democratic leadership and directly to the white house through them if the problems aren't fixed fast, like by the first week of next month, just a few weeks away, as originally promised by the obama administration, they're going to start going public in support of delaying everything as much as a year. that's the nightmare scenario for the white house, democrats already have plenty of senators and a handful in the house saying this is just not going well and there has to be real backing up and finding a new direction. this hearing suggests there's

plenty of people in georgia experiencing that and the congressmen are getting an earful. jenna: thank you very much. jon: in the meantime, affordable care act is giving smokers one more reason to quit. remember how the president has often said that your policy can't be cancelled for preexisting conditions under obamacare? well, it turns out that smoking is one preexisting condition that insurers can still charge for more. smokers must pay preel premiums up to 15 ers -- 15% higher than the non smokers. >> you know the lower income patients will qualify for the subsidy but here is the important caveat. that subsidy cannot be used to off set the smoker penalty. so some smokers are going to pay up to close to $5,000 more than a non smoker for the same policy. here's some examples.

let's take a young, minimum wage non smoker who will pay about $700 a year for insurance. a smoker, that premium jumps to $3,000. if the smoker is over 59, the policy jumps to six grand. get this. older couple on social security after subsidies, they pay about $900 a year. but if they'll smoke, the cost will jump to $11,000. almost half of their annual income. >> there are certainly cases where insurance companies are applying the maximum surcharge. someone could pay a significant amount of income toward health insurance. >> now, both the american lung association and cancer societies say the effort to make smoking so expensive, smokers quit is going to backfire because insurance will become unaffordable. smokers won't enroll in the programs to help them quit. others like the obese or alcoholics, drug addicts, they don't have to pay a penalty

despite their added burden. >> surcharges are not proven to help tobacco users quit and there are major concerns they will prevent people from getting health care coverage. >> alcoholics, people who are terminally ill, i just feel like if everybody should be treated equally. >> i can't afford any insurance at the rate. i thought that's what obamacare was about, to stop all this. >> under the q & a when you sign up, smokers, somebody who smokes four times a week. pay may lie after seeing the premiums spike but if they're caught, that can negate a policy and it's fraud. jon: we'll be a nation of non smokers. >> exactly. jon: thank you. jenna: scandal featuring fitness and prostitution. we'll have the latest on the zumba instructor busted for selling other services on the side, so to say. homeowners in flood zones taking

a financial hit. why they're huring and what some lawmakers are trying to do about it. [ paper rustles, outdoor sounds ]

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jon: new information on some crime stories we're following. a postal worker in maryland killed while making his rounds. police don't have a suspect or a motive in the shooting death of tyson barnett but they're offering a $25,000 reward for information that leads to an arrest. in tulsa, oklahoma police now confirm four people were shot to death in a house on saturday night. one other person in critical condition. they're searching for a suspect they think left the house through the back door and alexis wright is a free woman after her release from prison. the zumba instructor was convicted of running a prostitution ring out of her fitness studio. she served six months out of a

10 month sentence. jenna: new push to help homeowners about to get hit hard by paying higher premiums. here is more on this. phil? >> hi, jenna. this is one of the few examples recently of bipartisanship in the nation's capitol as lawmakers in both houses are pushing to undo what they overwhelmingly did last year which was pass the bigger waters flood act now that millions of their constituents are suddenly panicking over the drastically higher premiums. one of those homeowners is carl stevens who bought this house last year to retire with but is now seeing the plan turn into a bit of a money pit. one third of the five million americans of the national flood insurance program live in florida, the flattest state in the country and with the elimination of the federal subsidy since 1968 kept flood insurance premiums down, he and others are now shocked to learn that their new rates are

thousands, sometimes tens of thousands of dollars higher. >> it went up almost in the end, 400% of what i had to pay over last year. in one year it jumped up that much. when you ask your agent, okay. what's it going to do next year? nobody has an answer. >> this affects homeowners from hurricane sandy rebuilding new jersey all the way around the coastline to louisiana as well as the missouri and mississippi river basins. insurance companies say all this shock is simply real flood risk rates finally catching up. >> you've got 5 1/2 million policies in the last census, there was 130 million housing units in the united states. so clearly it's a small portion of the population benefitting from the program. it's not fair to the rest of taxpayers we have to pick up the tab. >> according to real estate experts, there's a far greater secondary impact here nationwide and that is that this could scare off home buyers and really negatively impact the real

estate recovery that's been going on since the great recession bottomed out back in 2010. jenna: ing look today. thank you. jon: police say a woman who fell from the stands of a stadium would have died if not for the brave actions of one man. also indiana republican governor is standing by. up next he'll talk with jenna will implementing obamacare and just how complicated it really could be. vo: it's that time of year again. medicare open enrollment. time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both.

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jon: right now two people are seriously hurt after a woman falls from the third deck of a football stadium. happened yesterday at oakland's coliseum. the woman fell about 60 feet after she went into an area of the stadium closed to the public. emergency crews say a brave

marine veteran who tried to catch her probably saved her life. he also was hospitalized. police say it's likely that the woman intended to jump. she remains hospitalized but in critical condition. jenna: washington really hitting states in different ways. up next we'll talk about the state of indiana. indiana is just one of the latest states rejecting the president's plan to restore cancelled insurance policies for a year. last hour we talked to california. california is doing the same thing, very different states. we'll get a different point of view here. indiana wants to use a state plan he says has seen success. joining me to talk about implementing obamacare in his state is mike pence. governor, good to have you on the program. >> good to be back. jenna: last hour we talked to california. they said it was not right for their state to extend and ask

insurers to offer plans already cancelled. why in indiana is that not the way to go for you? >> look. in terms of the state of indiana forcing insurers to reissue policies that have been cancelled or phased out, we took the same position. we actually think it would be a violation of state law for us to order insurance companies to reissue policies for this one year fix. obamacare was a mistake and the real problem with obamacare is not that the website isn't working. it's that the affordable care act is working as designed. we're seeing millions lose the insurance they like and all of that, i believe, was inherent in the program back when it passed in 2010, all designed to send people to these health care exchanges. and here in indiana, as you mentioned, we've got a better

program. it's consumer driven health care. it's called the healthy indiana plan. we're working on expand it. jenna: i want to ask you about momentum in general. california says it's picking you mean, better than it was the last few weeks. what does it look like in the state of indiana? does it look like things are improving? >> look. invariably the website is going to have the bugs worked out and people are going to be able to make their way through the pipeline. my problem with obamacare, going back to the days, you know, that i was serving in congress is that the idea itself is flawed. ordering the american people to buy health insurance, whether they want it or need it or not, causing younger americans essentially to see the costs of their insurance go up dramatically as they're moved into these health care exchanges is just simply a deeply flawed idea. last week there were headlines all over the country about a lowering of the rate of inflation in the health care

economy. experts on the left and the right all agree it's because of consumer driven health care and health savings accounts and encouraging people to be more -- you know, have a more consumer orientation to their health care choices and take ownership of their health care. that's what we've designed in indiana. that's what we want to extend. jenna: for those of us outside of the state, we're not familiar with it and on your state website, it says this is a plan that helps the poor, that helps incentivise them to make choices. explain how this plan works and why you want to keep it instead of moving to a medicaid expansion. >> well, let me be clear. here in indiana we've rejected the opportunity to expand traditional medicaid. i think it's a deeply flawed system, ripe with waste and even

in the billions of dollars of fraud and i think it ill serves the people that are enrolled in it. what the healthy indiana plan does, it uses power accounts that are health savings accounts where the state participates and almost everyone enrolled will make a monthly contribution and encourages people to move from emergency room care to primary care, creates incentives for people to have wellness checks and take greater ownership of their health care. look. the american people know that by giving people more opportunities to control their health care choices and giving them more information about the costs and availability of health care services, that's going to be the pathway toward lowering costs and expanding health care coverage all across this country in a sustainable matter. jenna: so what do you think are your chances? you have the waiver to continue to work with this program this year from health and human services but what does it look like moving forward? you think you'll not be able to

do that? what would it mean for your state? >> we'll see. a dropped a letter to secretary sebelius about a week ago asking for a personal sit down with her. other teams worked together last year as you note, to renew the healthy indiana plan which i think is the most innovative, consumer driven public health care plan in the country. with all of the difficulties with the rollout of the affordable care act, my message to the obama administration is allow indiana more freedom, more flexibility to demonstration what consumer driven health care in the healthy indiana plan can really do for people. that's the key for going forward here. we don't need the one size fits all answer of obamacare. what we really need is to give states like indiana more freedom, more flexibility to innova innovate. that will help to ensure the fiscal health of our states and nation. jenna: you have a few governors that really say governors like yourself need to expand medicaid

and that will be better for the country overall. i hope you'll come back and we'll have the discussion perhaps with another governor with an opposing point of view. >> thank you, jenna. jon: there's a deal with iran to curb its nuclear program. the white house is crowing about it. the mood not as optimistic in washington or tel aviv. plus the disturbing result of a new study. why sugary drinks could raise your risk of coming down with a common type of cancer. [ sniffles, coughs ]

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because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) ranked highest in investor satisfaction with self-directed services by j.d. power and associates. jon: fox news alert. just in, the mystery really continues on the campus of yale university, new haven, connecticut. about two hours, 15 minutes ago, someone called in a report from a pay phone near the campus that they saw a guy with a gun. original caller apparently did not leave a name. that caused campus police to spring into action along with teams from the connecticut state police as well as the new haven police. they have been looking for this gunman. at one point they detained an individual but so far, the mystery goes on. students at yale are being told to shelter in place, remain indoors, do not go outside, do

not go to class. if they're in class, stay there. mystery goes on. department of justice is saying it's not an active shooter situation, meaning there are no reports of shots fired and we knew that but whether they have a guy with a gun on campus, that question still goes on. we'll bring you updates as we get them. president obama calling our temporary deal with iran a, quote, important first step to ensuring that tehran does not build a nuclear weapon. but our most important middle eastern ally, israel, and many lawmakers in washington are not at all sure this agreement is tough enough. national security correspondent is at the pentagon so what are the biggest weaknesses that critics see in this deal, jennifer? >> for one, jon, it does nots require iran to give up any of its 18,000 centrifuges. those will remain in place and does not force iran to ship out of the country any of its

stockpile of enriched uranium. that's something that u.s. negotiators had wanted. here is what the deal says. iran will halt uranium enrichment above 5%. some say this is easily reversible. it says iran can install no new centrifuges but leaves in place the 18,000 it has. iran must submit to daily inspections and it must pause work on its plutonium reactor those iran's foreign ministry has issued a statement yesterday its work at arak and others will continue. the deal is months of bi lateral negotiations between u.s. and iranian negotiators. they were having secret talks in oman in the middle east since march. jon: you said the agreement stops iran from enriching uranium above 5%. is there any wiggle room in

there? >> well, there is wiggle room and the real question is, does it allow iran to keep enriching uranium at all to the lower levels of 3.5%? there's a difference of opinion between iran and washington about that. the text of the deal says this comprehensive solution would involve a mutually designed program with limits and transparency levels so ensure the nature of the program. >> no matter what interpretations are given, iran's right to enrichment has been recognized in the text of the agreement and for that reason, i announce to the iranian nation that the activity will continue as before. >> it is clear in the npt, non proliferation treaty, it's very, very clear that there is no right to enrich.

>> the french, who essentially halted a deal two weeks ago as a member of the five plus one have been remarkably silent about this current deal. most of the praise for the deal has been coming from iran. jon: seem to have opposing views from secretary kerry and the iranian president right there. thank you. jenna: we'll talk more about that. this temporary deal is just that, a six month agreement meant to buy the obama administration and allies more time to pursue a long term deal but that may be easier thd than done. since the president took office, the size of eyian's nuclear program has exploded. since 2007, the president of low enriched uranium has more than quadrupled. number of centrifuges turning out all that nuclear material has grown from 3,000 in 2007 to a whopping 18,000 today.

as we speak, work continues on the heavy water reactor at iran's rock plants. when it's finished, it's expected to produce enough plutonium for one or two nuclear bombs per year. joining me is vice president of the wood row wilson center and i like your approach to this. talk to viewers about this. you say the deal is neither as compelling as the administration maintaining nor as catastrophic as netanyahu maintains. so take us down that middle row what does this all mean? >> it's a work in progress. is it a great agreement? no. it's not a great agreement and nobody, including the iranians with one possible exception should be crowing about it. it's an effort to create some space in time to determine whether or not it is possible to essentially shut down iran's nuclear weapons aspirations in

exchange for the lifting of all sanctions. as sure as i'm sitting here today, i find it virtually unimaginable that six months from now or a year from now, either iran will have succeeded in mouth balling it's $100 dollar nuclear infrastructure program or that the obama administration, even if it wanted to, will be in a position and with enough confidence and authority to remove all of these sanctions. and therein lies the problem, it seems to me, with the agree many. it was a reasonable effort to test the proposition that you could solve this thing diplomatic without sliding toward military confrontation which is where, i think, we're headed, perhaps in any event. but the notion that we're going to reach a comprehensive agreement seems to me to be fanciful. jenna: let me ask you about

that. the israeli prime minister has made this comment before, that a bad deal is worse than no deal. is that what you're saying? or is there some benefit to this deal somewhere? >> you know, if this deal had been comprised of elements that could somehow not be reversed or contained or gone back up, both sides, then i would argue that that's 100% right. but this is simply a first step to determine whether or not a deal that is binding, that would be consequential can be reached. and the question is, it's arguable proposition. some believe we should have kept the threat of force on the table. sooner or later, they would have agreed to anything that would united states wanted. i'm not sure, given how much they have incrested in this

program, even the removal of sanctions would have been worth it right now. jenna: you're voicing something we hear maybe not as directly about the iranian program which soochl seem to be saying that it's a foregone conclusion they're going to be nuclear capable. whatever we do. it doesn't matter what we do. that's where they're going and that's the way it is. we might as well deal with it and contain them. that's one school of thought s. that where you think we are right now, that that's just the gone conclusion? >> i don't know about our policies contained but we have to look at that in a clear way. once this kind of technology and scientific mastery is completed by any society, how to extract it, how to illuminate it, how to get rid of it, you can't do a brainwash. iranians know how to make a

bomb. and if given the community shlg in a few short months could probably create a breakout capacity that would allow them to do that. that is never going to go away unless you could somehow change the character of those in tehran and make the bomb irrelevant. bottom line here, this is the way it is from the beginning. the notion that the administration is going to create a comprehensive agreement that will end eyian's nuclear weapons aspirations permanently is just a fantasy. the best you're going to be able to do, and many israelis recognize it, too, is to put enough time on that iranian nuclear clock, months and years so that we, the united states or israel, would have enough time to detect a cash for a bomb and

prevent it. if we think we're going to get another outbreak from this, that we can come away convinced that the mallahs have given up their intentions, we're dreaming. jenna: then it's in a conversation of a renl he'll change. i hope you'll talk about that as well and i like the idea of the brainwashing technology. too bad it wasn't a real thing. >> if only we could do it. jenna: if only. >> i have a few people i would like to use it on. jenna: me, too. thank you as always. take care. >> bye-bye. jon: is the white house hailing itself nuclear deal to try to push off the front pages all the problems with obamacare? we'll have a fair and balanced look at the media coverage coming up. pp ÷ó

jon: watching the sunday shows, obamacare was kicked off the front page by the deal just announced over the weekend with iran. some speculate it's not just the white house that wants to change the topic from obamacare. the media may be tired of the topic as well. on "face the nation" bob sheiffert pressed the issue. >> i was on airplanes this weekend and more than one person i was talking to about this whole deal pending with iran, they were saying this might be a diversionary tactic by the administration which is desperately looking for good news. would you put it in that

category yet? >> i would never judge upon that when we're dealing with international. i know they need some type of other news but that would be the biggest mistake any administration could do to try to make a decision for a political basis when you're dealing with american and lives around the world. jon: what is going on here? let's talk about it with the contributor for the conservative magazine. alan colmes is author of thank the liberal. you know there are a lot of folks out there thinking this iran deal is a shiny object to distract the media. >> i know. a senator said it's just a sdakz from a-care. john kerry goes to geneva to get six nations involved, it's all done and it's for the purpose of diverting attention away from the affordable care act. we got six other countries to do this and the media can only

cover one story? that's absurd. jon: what's your take on that? >> never tribute two conspiracy what happened just by randomness or accident. if, in fact, these negotiations with iran have been going on for several years now and that secretary kerry was meeting in oman out in the persian gulf in march, then it does suggest that probably back in march they had high hopes that obamacare website would work fine. by the way, if it was the con pier si, which i don't think it was, it didn't work well. there's another article on here also above the fold as we used to say, on how the i.r.s., remember the i.r.s. is going to be overseeing the course of the obamacare enforcement and the quote through "the washington post" and the inside jump to the article on page two says, listen. quotes a major health care expert saying there's a real chance the whole obamacare bill will collapse.

that's him talking. not me. if it was a diversion, it didn't work. jon: alat, wasn't that long ago the president was saying the military option is still on the table in dealing with iran. now we have a nuclear deal. we're going to ease up on sanctions. it would seem that any military strike or potential for one is way off the table now. >> first of all, of course the military option is on the table until there's a deal. secondly, this is not a treaty. it's an interim deal that lasts for six months. media needs to be clear about expressing that. this is not a permanent deal and it is, as you've just -- we just learned watching us here that it's a first step. nobody is saying this is the end all. this is the beginning of a great -- for greater talks and more dialogue that's certainly a positive development. >> this is one of the nations that is a top supporter of terrorism around the world, jim. is there good reason to doubt what they have pledged? >> i think there's plenty of reason to be skeptical and just like this, plenty of reason to

be skeptical about obamacare. ted cruz from texas said the chief executive of abbott labs said companies have enormous incentive to get rid of their health insurance and throw people on onto the exchanges. this is a c.e.o. talking. i expect he's accurate about that. there's plenty of bad news left on obamacare. >> there's a lot of good news, too. the media has done a terrible job not showing the 95% of people for whom obamacare is doing well. all they want to do is feature the negative, bad luck stories which are not anywhere near represent the overwhelming majority who will benefit from this plan. >> it's like saying what about the oil that didn't spill? >> most of it does not spill. jon: bring us some of those folks. >> i would be happy to. jon: good to talk to you both. jenna: another serious disease added to the list of medical

problems associated with too much soda. we'll have that coming up.

jenna: the doc is in. new health concerns for women who love sugary drinks. a possible link to cancer and they looked at data from more than 20,000 women and found those who consumed more sweet drinks at a higher risk of developing a common uterine cancer. joining us is a doctor who is an attending physician at winthrop university hospital. isn't it about liking a coke now and then? is it about the sugar about the drink or is it about the type of person that tends to drink more sugary drinks? what is the link here to cancer? >> what we do know about endometrial cancer, it is a cancer of the lining of the uterus, so it is uterine cancer, we've known there's an

association between obesity, diabetes, overweight increases your work of developing uterine cancer. we've known that a long time. this new study from iowa, they looked at 23,000 people and it was a retrospective study so they sent out a question to the patients and they asked them what the typical consumption was of diet drinks and those that drank a lot of diet drinks in particular, had an increase in cancer of 78%. jenna: what about the folks that like to drink sugar free drinks like some of us? >> it's a great question and actually in this study, there was no association between the diet sodas but what we don't know about this particular study is that we know that obesity is a big risk factor and many people who drink a large amount of sugary drinks is obese so there's a connection. jenna: this is an estrogen dependent cancer. that's why they were looking at the link to women.

is this a launching off point between sugar and cancers that are affected by hormone snz >> right. so the common team of en endometrial cancers, they are estrogen needed. they also tend to have higher levels of insulins and these are translated to the cancer as well. there's definitely a connection here. jenna: i like how you say estrogen. sounds better with a british accent. as long as you get the point, be careful about how much you consume. >> absolutely. thank you for having me. jenna: it's gret to have you. thank you very much. we'll be right back with more "happening now."

we are entering the season known for many things like christmas cookies and others not so good like fruitcake. and then the sweaters. in the end, they are embracing

the holiday sweater. 2500 people braving the weekend cold for the ugly sweater fun run. all of the proceeds go for tois for to thes. >> you have one of those sweaters. >> probably several. >> thanks for joining us. america's news headquarters starts right now. >> start with a fox news alert. raising the stakes and international tensions as the u.s. and iran strike a deal. >> i am alisyn camerota. >> and i'm bill hemmer. the united states striking a deal. israel calls the deal a historic mistake and prime minister netanyahu slamming it and sending top security advisers to the meeting in washington. they are live in jerusalem with more from there. >> bill, you can imagine that will be t